DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statements (IDS) were submitted on 7/09/2025 and 7/09/2025. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the vector representation" in line 19. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the beam geometry" in line 20. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the three-dimensional vector representation" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the vector representation" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claims dependent upon rejected claims are also rejected for indefiniteness. Therefore, dependent claims 2, 4-8, and 10-20 are also rejected.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-53 of U.S. Patent No. 11,925,502 hereinafter Amiri ‘502. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant invention would be an obvious modification of the reference patent.
Regarding claim 1, reference patent Amiri ‘502 (U.S. Pat. No. 11,925,502) teaches:
A method of gathering and processing intraoperative images-the method implemented by a system comprising one or more processors, the system connected to an X-ray machine, a tracking system (Amiri, ‘502, claim 1), and a display-the method comprising:
prompting a user to position the X-ray machine relative to a patient in a first orientation (Amiri, ‘502, claim 1);
determining a pose and position of the X-ray machine in the first orientation using a tracking system (Amiri, ‘502, claim 1);
acquiring one or more images using the X-ray machine while in the first orientation (Amiri, ‘502, claim 1);
prompting the user to position the X-ray machine relative to the patient in a second orientation (Amiri, ‘502, claim 1);
determining a pose and position of the X-ray machine in the second orientation using the tracking system (Amiri, ‘502, claim 1);
acquiring one or more images using the X-ray machine while in the second orientation (Amiri, ‘502, claim 1);
receiving image data for one or more images acquired by the X-ray machine and pose and position data from the tracking system corresponding to the images (Amiri, ‘502, claim 1);
calculating a world coordinate system based on the extrinsic parameters of anterior/posterior (AP) and lateral (LAT) views in the C-arm, using an XY plane as an AP anatomical plane and a YZ plane as a LAT anatomical plane (Amiri, ‘502, claim 1);
transforming images of the patient acquired by the X-ray machine in the first and second orientations onto corresponding anatomical planes based on the vector representation, the beam geometry of the X-ray machine, and the positions and poses of the X-ray machine corresponding to the images (Amiri, ‘502, claim 1); and
displaying on the display connected to the system at least two long views generated by the system, each long view corresponding to one or more of the one or more anatomical planes, each of the one or more long views comprising a plurality of the transformed images (Amiri, ‘502, claim 1).
Regarding claim 2, reference patent Amiri ‘502 (U.S. Pat. No. 11,925,502) teaches:
further comprising monitoring for movement of the patient relative to a reference frame of the tracking system and/or to correct the relationship of the reference frame of the tracking system and the patient by processing one or more confirmatory images to automatically locate distinct visual features and comparing locations of the distinct visual features in the confirmatory images with locations of the distinct visual features in one or more of the long views (Amiri, ‘502, claim 2).
Regarding claim 3, reference patent Amiri ‘502 (U.S. Pat. No. 11,925,502) teaches:
further comprising recalculating the three-dimensional vector representation of the two anatomical planes of the patient based on locations of the distinct visual features in the confirmatory images, which are chosen by the user (Amiri, ‘502, claim 3).
Regarding claim 4, reference patent Amiri ‘502 (U.S. Pat. No. 11,925,502) teaches:
further comprising recreating the long views by transforming the images of the patient onto the two anatomical planes based on the recalculated vector representation, the beam geometry of the X-ray machine, and the positions and poses of the X-ray machine corresponding to the images (Amiri, ‘502, claim 4).
Regarding claim 5, reference patent Amiri ‘502 (U.S. Pat. No. 11,925,502) teaches:
wherein the distinct visual features comprise images of artificial fiducial markers (Amiri, ‘502, claim 5).
Regarding claim 6, reference patent Amiri ‘502 (U.S. Pat. No. 11,925,502) teaches:
further comprising processing the confirmatory images to locate the distinct visual features automatically using a feature recognition algorithm (Amiri, ‘502, claim 8).
Regarding claim 7, reference patent Amiri ‘502 (U.S. Pat. No. 11,925,502) teaches:
further comprising creating a new long view in a new plane different from any of the anatomical planes and to display the new long view on the display (Amiri, ‘502, claim 11).
Regarding claim 8, reference patent Amiri ‘502 (U.S. Pat. No. 11,925,502) teaches:
wherein the new plane is parallel to and spaced apart from one of the anatomical planes (Amiri, ‘502, claim 12).
Regarding claim 9, reference patent Amiri ‘502 (U.S. Pat. No. 11,925,502) teaches:
further comprising prompting the user to position the X-ray machine to acquire one or more scout images of the patient, the one or more scout images including one or more fiducial features that bear a known relationship to the patient's anatomical planes;wherein calculating the vector representation is based on the beam geometry of the X-ray machine, the positions and poses of the X-ray machine corresponding to the one or more scout images and positions of the one or more fiducial features in the scout images (Amiri, ‘502, claim 13).
Regarding claim 10, reference patent Amiri ‘502 (U.S. Pat. No. 11,925,502) teaches:
further comprising: prompting the user to align the X-ray machine over the top of the two hips in a sequence on the coronal plane of the patient and align the X-ray machine with the approximate center of the patient's hips in a sagittal view; storing pose and position information from the tracking system for each of these views; identifying the mediolateral direction of the patient's anatomy by determining parameters defining a mediolateral line connecting the patient's hips; and determining parameters specifying a sagittal anatomical plane at the mid-point of the mediolateral line and normal to the mediolateral line (Amiri, ‘502, claim 15).
Regarding claim 11, reference patent Amiri ‘502 (U.S. Pat. No. 11,925,502) teaches:
further comprising regenerating two of the long views by transforming the images of the patient onto the two anatomical planes based on a recalculated three- 2 dimensional vector representation of the two anatomical planes, the recalculated three- dimensional vector representation corresponding to corrected positions and orientations of the anatomical planes, the beam geometry of the X-ray machine, and the positions and poses of the X-ray machine corresponding to the images (Amiri, ‘502, claim 16).
Regarding claim 12, reference patent Amiri ‘502 (U.S. Pat. No. 11,925,502) teaches:
further comprising: selectively displaying a template on the display, the template overlaid on the long view, wherein the template is associated with a coordinate system; allowing the user to reconfigure the template by one or more of moving, rotating and/or scaling the template; and correcting estimated positions and orientations of the anatomical planes of the patient based on a configuration of the template (Amiri, ‘502, claim 17).
Regarding claim 13, reference patent Amiri ‘502 (U.S. Pat. No. 11,925,502) teaches:
further comprising selectively displaying a template on the display, the template overlaid on at least one of the long views (Amiri, ‘502, claim 18).
Regarding claim 14, reference patent Amiri ‘502 (U.S. Pat. No. 11,925,502) teaches:
wherein the template comprises a grid corresponding to a desired anatomical plane (Amiri, ‘502, claim 19).
Regarding claim 15, reference patent Amiri ‘502 (U.S. Pat. No. 11,925,502) teaches:
further comprising receiving user input to align the template and to apply a rotation and/or displacement to correct locations of the anatomical planes based on the alignment of the template (Amiri, ‘502, claim 20).
Regarding claim 16, reference patent Amiri ‘502 (U.S. Pat. No. 11,925,502) teaches:
wherein the template comprises indicia corresponding to anatomical features of the patient and the system is configured to allow the template to be adjusted in position and/or orientation as well as one or both of shape and scale to align the indicia with the corresponding anatomical features in the long view (Amiri, ‘502, claim 22).
Regarding claim 17, reference patent Amiri ‘502 (U.S. Pat. No. 11,925,502) teaches:
further comprising correcting positions and orientations of the anatomical planes based on a configuration of the template (Amiri, ‘502, claim 23).
Regarding claim 18, reference patent Amiri ‘502 (U.S. Pat. No. 11,925,502) teaches:
wherein a first one of the plurality of templates is positioned on a first one of the anatomical planes and a second one of the templates is positioned on a second one of the anatomical planes and moving the first template on the first anatomical plane in a direction corresponding to the shared coordinate causes movement of the second template on the second anatomical plane in the direction corresponding to the shared coordinate (Amiri, ‘502, claim 25).
Regarding claim 19, reference patent Amiri ‘502 (U.S. Pat. No. 11,925,502) teaches:
further comprising applying image segmentation to automatically recognize and determine locations of distinct visual features in the images of the patient and to automatically determine and apply a shift and/or rotation of at least one of the long views (Amiri, ‘502, claim 26).
Regarding claim 20, reference patent Amiri ‘502 (U.S. Pat. No. 11,925,502) teaches:
further comprising utilizing user input to guide machine identification of structures and/or apply machine vision technology to refine user input identifying structures (Amiri, ‘502, claim 27).
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-53 of U.S. Patent No. 12,268,548 hereinafter Amiri ‘548. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant invention would be an obvious modification of the reference patent.
Regarding claim 1, reference patent Amiri ‘548 (U.S. Pat. No. 11,925,502) teaches:
A method of gathering and processing intraoperative images-the method implemented by a system comprising one or more processors, the system connected to an X-ray machine, a tracking system, and a display-the method (Amiri, ‘548, claim 1) comprising:
prompting a user to position the X-ray machine relative to a patient in a first orientation (Amiri, ‘548, claim 1);
determining a pose and position of the X-ray machine in the first orientation using a tracking system (Amiri, ‘548, claim 1);
acquiring one or more images using the X-ray machine while in the first orientation (Amiri, ‘548, claim 1);
prompting the user to position the X-ray machine relative to the patient in a second orientation (Amiri, ‘548, claim 1);
determining a pose and position of the X-ray machine in the second orientation using the tracking system (Amiri, ‘548, claim 1);
acquiring one or more images using the X-ray machine while in the second orientation (Amiri, ‘548, claim 1);
receiving image data for one or more images acquired by the X-ray machine and pose and position data from the tracking system corresponding to the images (Amiri, ‘548, claim 1);
calculating a world coordinate system based on the extrinsic parameters of anterior/posterior (AP) and lateral (LAT) views in the C-arm, using an XY plane as an AP anatomical plane and a YZ plane as a LAT anatomical plane (Amiri, ‘548, claim 1);
transforming images of the patient acquired by the X-ray machine in the first and second orientations onto corresponding anatomical planes based on the vector representation, the beam geometry of the X-ray machine, and the positions and poses of the X-ray machine corresponding to the images (Amiri, ‘548, claim 1); and
displaying on the display connected to the system at least two long views generated by the system, each long view corresponding to one or more of the one or more anatomical planes, each of the one or more long views comprising a plurality of the transformed images (Amiri, ‘548, claim 1).
Regarding claim 2, reference patent Amiri ‘548 (U.S. Pat. No. 11,925,502) teaches:
further comprising monitoring for movement of the patient relative to a reference frame of the tracking system and/or to correct the relationship of the reference frame of the tracking system and the patient by processing one or more confirmatory images to automatically locate distinct visual features and comparing locations of the distinct visual features in the confirmatory images with locations of the distinct visual features in one or more of the long views (Amiri, ‘548, claim 2).
Regarding claim 3, reference patent Amiri ‘548 (U.S. Pat. No. 11,925,502) teaches:
further comprising recalculating the three-dimensional vector representation of the two anatomical planes of the patient based on locations of the distinct visual features in the confirmatory images, which are chosen by the user (Amiri, ‘548, claim 3).
Regarding claim 4, reference patent Amiri ‘548 (U.S. Pat. No. 11,925,502) teaches:
further comprising recreating the long views by transforming the images of the patient onto the two anatomical planes based on the recalculated vector representation,the beam geometry of the X-ray machine, and the positions and poses of the X-ray machine corresponding to the images (Amiri, ‘548, claim 4).
Regarding claim 5, reference patent Amiri ‘548 (U.S. Pat. No. 11,925,502) teaches:
wherein the distinct visual features comprise images of artificial fiducial markers (Amiri, ‘548, claim 5).
Regarding claim 6, reference patent Amiri ‘548 (U.S. Pat. No. 11,925,502) teaches:
further comprising processing the confirmatory images to locate the distinct visual features automatically using a feature recognition algorithm (Amiri, ‘548, claim 8).
Regarding claim 7, reference patent Amiri ‘548 (U.S. Pat. No. 11,925,502) teaches:
further comprising creating a new long view in a new plane different from any of the anatomical planes and to display the new long view on the display (Amiri, ‘548, claim 11).
Regarding claim 8, reference patent Amiri ‘548 (U.S. Pat. No. 11,925,502) teaches:
wherein the new plane is parallel to and spaced apart from one of the anatomical planes (Amiri, ‘548, claim 12).
Regarding claim 9, reference patent Amiri ‘548 (U.S. Pat. No. 11,925,502) teaches:
further comprising prompting the user to position the X-ray machine to acquire one or more scout images of the patient, the one or more scout images including one or more fiducial features that bear a known relationship to the patient's anatomical planes;wherein calculating the vector representation is based on the beam geometry of the X-ray machine, the positions and poses of the X-ray machine corresponding to the one or more scout images and positions of the one or more fiducial features in the scout images (Amiri, ‘548, claim 13).
Regarding claim 10, reference patent Amiri ‘548 (U.S. Pat. No. 11,925,502) teaches:
further comprising: prompting the user to align the X-ray machine over the top of the two hips in a sequence on the coronal plane of the patient and align the X-ray machine with the approximate center of the patient's hips in a sagittal view; storing pose and position information from the tracking system for each of these views; identifying the mediolateral direction of the patient's anatomy by determining parameters defining a mediolateral line connecting the patient's hips; and determining parameters specifying a sagittal anatomical plane at the mid-point of the mediolateral line and normal to the mediolateral line (Amiri, ‘548, claim 15).
Regarding claim 11, reference patent Amiri ‘548 (U.S. Pat. No. 11,925,502) teaches:
further comprising regenerating two of the long views by transforming the images of the patient onto the two anatomical planes based on a recalculated three- 2 dimensional vector representation of the two anatomical planes, the recalculated three- dimensional vector representation corresponding to corrected positions and orientations of the anatomical planes, the beam geometry of the X-ray machine, and the positions and poses of the X-ray machine corresponding to the images (Amiri, ‘548, claim 16).
Regarding claim 12, reference patent Amiri ‘548 (U.S. Pat. No. 11,925,502) teaches:
further comprising: selectively displaying a template on the display, the template overlaid on the long view, wherein the template is associated with a coordinate system; allowing the user to reconfigure the template by one or more of moving, rotating and/or scaling the template; and correcting estimated positions and orientations of the anatomical planes of the patient based on a configuration of the template (Amiri, ‘548, claim 17).
Regarding claim 13, reference patent Amiri ‘548 (U.S. Pat. No. 11,925,502) teaches:
further comprising selectively displaying a template on the display, the template overlaid on at least one of the long views (Amiri, ‘548, claim 18).
Regarding claim 14, reference patent Amiri ‘548 (U.S. Pat. No. 11,925,502) teaches:
wherein the template comprises a grid corresponding to a desired anatomical plane (Amiri, ‘548, claim 19).
Regarding claim 15, reference patent Amiri ‘548 (U.S. Pat. No. 11,925,502) teaches:
further comprising receiving user input to align the template and to apply a rotation and/or displacement to correct locations of the anatomical planes based on the alignment of the template (Amiri, ‘548, claim 20).
Regarding claim 16, reference patent Amiri ‘548 (U.S. Pat. No. 11,925,502) teaches:
wherein the template comprises indicia corresponding to anatomical features of the patient and the system is configured to allow the template to be adjusted in position and/or orientation as well as one or both of shape and scale to align the indicia with the corresponding anatomical features in the long view (Amiri, ‘548, claim 22).
Regarding claim 17, reference patent Amiri ‘548 (U.S. Pat. No. 11,925,502) teaches:
further comprising correcting positions and orientations of the anatomical planes based on a configuration of the template (Amiri, ‘548, claim 23).
Regarding claim 18, reference patent Amiri ‘548 (U.S. Pat. No. 11,925,502) teaches:
wherein a first one of the plurality of templates is positioned on a first one of the anatomical planes and a second one of the templates is positioned on a second one of the anatomical planes and moving the first template on the first anatomical plane in a direction corresponding to the shared coordinate causes movement of the second template on the second anatomical plane in the direction corresponding to the shared coordinate (Amiri, ‘548, claim 25).
Regarding claim 19, reference patent Amiri ‘548 (U.S. Pat. No. 11,925,502) teaches:
further comprising applying image segmentation to automatically recognize and determine locations of distinct visual features in the images of the patient and to automatically determine and apply a shift and/or rotation of at least one of the long views (Amiri, ‘548, claim 26).
Regarding claim 20, reference patent Amiri ‘548 (U.S. Pat. No. 11,925,502) teaches:
further comprising utilizing user input to guide machine identification of structures and/or apply machine vision technology to refine user input identifying structures (Amiri, ‘548, claim 27).
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
The claims are currently rejected as indicated above, and thus are not currently in condition for allowance.
The claims are similar to the parent cases, issued patent U.S. Pat. No. 11,925,502 and 12,268,548. The claims are otherwise similar in scope and contain the subject matter found allowable in the parent application, in that they include an imaging and generation process for long views of anatomical planes. The claims form a nonobvious combination of features that differentiate from the closest prior art references, in light of the similar features to the parent case.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN A FRITH whose telephone number is (571)272-1292. The examiner can normally be reached M-Th 8:00-5:30 Second Fri 8:00-4:30.
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/SEAN A FRITH/Primary Examiner, Art Unit 3798